Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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dheepak srinivasa (self)     18 February 2011

SETTING ASIDE EXPARTE IN DV

Dear Sir

 

I have a DV case running against me and my parents. My parents did not appear for a particular hearing therefore the Hon Judge set them to exparte. However no exparte order was passed since I was appearing regularly. Now I would lke to setaside exparte for my parents and file a counter. What is the procedure for this?

 

Also am I allowed to file for a Quash in the HC  for my parents when they have been set to exparte In Judicial Magistrate Court ?

 

Regards



Learning

 3 Replies

N.K.Assumi (Advocate)     19 February 2011

Reading DVA Act section 13 and DVA Rules 12 read with order V CPC and Chspter VI of CrPc, final oder can be passed exparte in DV Proceedings. But if you think grave injusrtice has been done to you with false case you can approach the High Court, even if there is no case of rectifying an error, as under article 226 the high court can exercise plenary power to do complete Justice as per the decision of the Hoin'ble supreme Court in Pepsi Foods Ltd and another vs Special Magistrate and others 1998. The apex court held that "Nomenclature under which the petition is filed is not relevant and that does not debr the court from exercising its jurisdiction which otherwise it possesses unless there is special procedure prescribed which procedure is mandatory. even if the writ petition is filed under 226 it can be treated as one under 227 and section 482 CrPc." so ypu can approach the High court in any one of those provisions.

sheela subbarao (Advocate)     19 February 2011

you should get the exparte order recalled, because they get an oppotunity to prove themselves to be innocent if they are. otherwise the order of the court becomes final and further proceeding becomes difficult for them. Immediately file Interim Application and recall the exparte Order and file statement of objections by all three of you immediately. 

1 Like

(Guest)

you can set aside the exparte order by filing a petition as like in 125 Cr.P.C. proceedings.


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